Midterm Flashcards
The right to celebrate gay pride
1st amendment
The right of media to be present during the trial in a criminal prosecution
6th amendment
The right to be released from jail before trial
8th amendment
Appellate court
Court that reviews the actions of a trial court and determines whether an error has been committed and needs corrective action
Federal court
Part of the U.S. court system, has limited authority, and hears only cases involving U.S. government, federal laws, or cases of diversity and citizenship
State court
Part of judicial branch in state in which it is located
Trial court
Court that has authority to hear the evidence of the parties before it and render a verdict
Legal analysis
Process of examining precedent in detail in order to predict its effect on future similar situations
Where must proposes legislation to raise government revenue through taxes originate?
Section 7
What is the date of the first session of Congress each year?
Section 4
In which house does impeachment proceedings take place?
Section 3 in senate
What is required If one of the houses of Congress wants to conduct business in a location other than capitol building?
Section 5
What is an administrative agency?
Government office created by the legislature and overseen by the executive branch. Purpose is to apply certain laws created by legislature
What is APA?
Administrative Procedure Act, requires all federal administrative agencies to follow certain procedures in the issuance of administrative law
Motion to dismiss
Used when a party believes that the facts of the case do not support a viable legal claim
Motion for summary judgment
Before trial when evidence is overwhelmingly one sided
Motion to quash
Filed when plaintiff does not follow the rules of procedure for serving summons and complaint of defendant
Motion to limline
To limit or exclude
Naturalist theory
Philosophy that all persons inherently know the difference between right and wrong
Positivist theory
Political belief that there should be a superior governmental entity that is not subject to question or challenge
State decisis
Method used by the judiciary when applying precedent to current situations
Ancillary jurisdiction
Authority of court over related issues in a case that is subject to the court’s authority on other grounds
Concurrent jurisdiction
One or more court has authority to hear a particular case
In Personam jurisdiction
Authority of court to render and enforce rulings over a particular individual and the individuals’ property
In Rem jurisdiction
Authority over a specific item of property regardless of who claims it
